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Recent attempted changes to Title IX regulations—which are being challenged in various courts—have the potential to impact Christian schools and other religious ministries. Established initially to prohibit sex discrimination in educational programs receiving federal funding, Title IX has now been formally interpreted by the U.S. Department of Education to reach “gender identity” and “sexual orientation.” These rule changes may present unique challenges for religious organizations, making it essential to understand how they could affect your operations.
This blog covers key insights from a recent video discussion tailored for Church & Ministry Alliance members, highlighting four critical aspects of these Title IX rule changes that every Christian school and ministry needs to consider. If you are a Church & Ministry Alliance member, you can access the full video on the members-only website. If you are not yet a Church & Ministry Alliance member, you can learn more about membership by clicking here.
Title IX is a federal statute prohibiting sex discrimination in educational programs receiving federal financial assistance. Over time, the U.S. Department of Education expanded the interpretation of Title IX, particularly with recent attempted rule changes that now include “gender identity” and “sexual orientation” under the definition of “sex.” Thankfully, the religious exemption remains an essential aspect of the statute.
Title IX has the potential to affect a variety of ministries and religious organizations, which can be categorized into three main groups: private religious colleges, K-12 Christian schools, and other ministries like tutoring and afterschool programs. Different forms of federal funding, such as federal student loan programs, USDA meal programs, and Department of Homeland Security safety grants, can trigger Title IX compliance. Organizations need to know whether they are running an educational program or activity that receives federal financial assistance because it determines Title IX's applicability.
Determining whether Title IX applies to Christian schools hinges on whether the school receives federal financial assistance. For traditional brick-and-mortar Christian schools, assessing whether federal funding is involved, such as grants or special programs, is important because schools that receive such funding are subject to Title IX, while those that do not are not covered. Additionally, schools should understand the religious exemption and ensure their documents, policies, and processes are aligned to take advantage of this protection if needed.
The religious exemption in Title IX protects religious educational institutions, including schools, colleges, and other religious organizations, from applications of Title IX that conflict with their religious beliefs. Both denominational and independent religious institutions can qualify for this exemption. While the exemption does not make an institution entirely exempt from Title IX, it can provide protection from specific provisions that may contradict the institution’s religious tenets.
At its core, Title IX was written to provide equal and fair opportunities for women and girls in sports. However, the new rule changes threaten athletic opportunities that have been available for 50 years. This is raising concerns across the nation: multiple lawsuits to reverse the changes have been filed—five from Alliance Defending Freedom.
Are you looking for more information? ADF Church & Ministry Alliance members can access the full 54-minute video on the members-only site. Please feel free to contact us if you have questions regarding the religious freedom implications of Title IX.
If you are not yet a member, consider joining the ADF Church & Ministry Alliance. You’ll gain full access to this video, a library of resources, attorney consultation, and more. Click here for additional information on the benefits of membership.
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